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HomeMy WebLinkAboutMinutes 02-02-2021 Virtual Business Meeting 1 APPROVED 3/16/21 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS VIRTUAL BUSINESS MEETING FEBRUARY 2, 2021 7:00 p.m. The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday, February 2, 2021 at 7:00 p.m. COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford, and Commissioners Amy Fowler, Jean Hamilton, Mark Dorosin, Sally Greene, and Earl McKee COUNTY COMMISSIONERS ABSENT: NONE COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified appropriately below) Chair Price called the meeting to order at 7:14 p.m., which was later than scheduled due to technical issues A roll call was called; all members were present. Due to current public health concerns, the Board of Commissioners is conducting a Virtual Business Meeting on Tuesday, February 2, 2021. Members of the Board of Commissioners participated in the meeting remotely. As in prior meetings, members of the public were able to view and listen to the meeting via live streaming video at http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable). In this new virtual process, there are two methods for public comment. • Written submittals by email • Speaking during the virtual meeting Detailed public comment instructions for each method are provided at the bottom of this agenda. (Pre-registration is required.) 1. Additions or Changes to the Agenda No additions or changes were noted. Chair Price dispensed with reading the public charge. Public Charge: The Board of Commissioners pledges its respect to all present. The Board asks those attending this meeting to conduct themselves in a respectful, courteous manner toward each other, county staff and the commissioners. At any time should a member of the Board or the public fail to observe this charge, the Chair will take steps to restore order and decorum. Should it become impossible to restore order and continue the meeting, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. The BOCC asks that all electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. Please be kind to everyone. 2 Arts Moment— No Arts Moment was available for this meeting. 2. Public Comments a. Matters not on the Printed Agenda Chair Price asked if the Board of Country Commissioners (BOCC) should vote to allow further public comment on Efland Station. John Roberts said the public hearing for Efland Station is closed, and although the Board's rules allow for public comment on items not on the printed agenda, if the Board allows additional comments on Efland Station, any future decision could be jeopardized by questions of fairness to the Applicant and public participants with legal standing, and whether they received an adequate follow-up opportunity. Chair Price reviewed the list of names, and felt that most of them had spoken before on Efland Station. Commissioner McKee said he feels there is little difference between making a comment at the meeting this evening, and people writing emails or calling the Commissioners. John Roberts said there is not a substantial difference. His recommendation is that when the Board makes its decision, it should not consider any comments received after the deadline for comments on the Efland Station application, whether they are phone calls, written comments, or verbal ones this evening. He said the deadline for written public comments was 24 hours after the closure of the public hearing. Commissioner Greene said it sounds like the Board could hear the comments, as long as it does not consider them. Commissioner Dorosin asked if there are risks are for allowing people to speak, even if the Board does not consider the comments. John Roberts said the risk is minimal and the Board could affirmatively state that it would allow comments but not consider them. He said the Board has never restricted comment, to his knowledge. He said it is not a quasi-judicial hearing, but rather a legislative one, so therefore the risk for is low. A motion was made by Commissioner Bedford, seconded by Commissioner Dorosin for the Board not to receive the comments about Efland Station. Commissioner McKee said he is concerned about not hearing the comments, because he has received emails and phone calls, and does not want to restrict comments. He cannot think of a time when the Board has restricted comments. He said he believes the public has a right to speak, and the Board should consider the application on its merits, not public comment. He said he would vote against the motion. Chair Price said she is concerned that the Board has told the public that the public comment period was over. Commissioner McKee said it is important to let people make a comment, and he has allowed anyone who wanted to talk to him about the issue do so, without making comments back. Commissioner Dorosin said he is concerned about being fair to those who did not sign up to speak at this meeting, because they felt the public hearing was over. He suggested for future public hearings that after the hearing is over, have a specific mailbox for comments on that issue be available. He said telling the public they can speak this evening, but the comments will not be considered, feels specious. He said letting individuals speak on Efland Station tonight makes it seem like the hearing never ends. He said it feels like it sets the wrong 3 precedent, and this is not the same as saying no one can speak on a topic at any time. He said it is specific to the context of having had a public hearing. Commissioner Greene said there are individuals who might have wanted to speak at the meeting, but did not sign up because the Board announced that the public hearing was over. She said this where the fairness issue lies. Chair Price said she cannot assume what a commenter will say until they begin speaking, so she will have to call on each person. Roll call ensued VOTE: Ayes, 5 (Commissioner Bedford, Commissioner Dorosin, Commissioner Fowler, Commissioner Greene, Chair Price); Nays, 2 (Commissioner Hamilton and Commissioner McKee) MOTION PASSES Leo Allison thanked the Board for its past support for projects in Efland, such as the Efland Cheeks park and the sewer system, and other projects that are important to the community. Benny Cecil said Orange County has a deficit of$3 million. He said Orange County has given no raises to employees in several years, does not have money to hire new employees, is unable to keep up equipment and vehicles, owes millions of dollars on buildings because of mold damage, and may have to pay back impact fees due to a lawsuit that the County lost. He asked if the County has a plan to make up revenue. He said he feels the County makes it difficult for businesses to start and develop, which will improve residents' lives. He also expressed concerns about lack of representation for Northern Orange County, and the residents there who make minimum wage. He said Orange County is going downhill fast, and the financial condition is getting worse. He said the County does not have time to look for other businesses. Janine Zanin read the following comments: Hello Commissioners, My name is Janine Zanin and I live in Efland, NC. I'm here to talk about the Buckhorn Area Plan. I learned yesterday that although the Planning Board is going to hear about the Buckhorn Area Plan tomorrow night and will be asked to "accept the study" and provide comments to this Board on February 16th, public input will not be permitted at the Planning Board meeting. Indeed, according to the proposed process in the Planning Board Agenda, public input may not even be permitted until after the BOCC has met with the City of Mebane. There's a narrative I've been hearing (it's even in the minutes from the January 6th Planning Board Meeting) that I'd like to address. It goes something like this ... people who live near Economic Development Districts need to be educated so they stop complaining when the land around them gets developed. Let me be clear, that is not what's happening here. If the Buckhorn Area Plan involved land that was already zoned for commercial development, there would be no need for a study, no need for a Buckhorn Area Plan. The issue here is that the land that is the subject of the Buckhorn Area Plan is NOT zoned for commercial development. On the contrary, its currently zoned agricultural residential, and rural residential, some of it is critically protected watershed and directly connected to the northern bank of Seven Mile Creek and its tributaries. The problem is not that we don't understand the land use map, the issue is that we HAVE studied it and we've RELIED on it in and now the rug is being pulled out from under us. 4 1 am a nerd who actually reads through the county's budgets each year. I've read the Efland/Mebane Small Area Plan, the Comprehensive Land Use Plan, the Parks and Rec yearly reports, and I've witnessed the county's actions in my neighborhood in the 15 years I've lived here. Throughout this time, the county has been sending a VERY CLEAR MESSAGE that the land on the southeastern end of West Ten Road is NOT part of the Economic Development District. I've witnessed the construction of Gravelly Hill Middle School, the public soccer fields, the Seven Mile Creek Nature Preserve. The county has consistently articulated a plan for Efland to have a district park, like other parts of the county. When one large park did not come to fruition, a compromise was proposed that Seven Mile Creek Nature Preserve and the Soccer Fields could be joined by walking trails or other pedestrian friendly connectors to serve as one park for Efland. There's been talk of the Mountains to Sea Trail going through this area. Now, instead, our planning department has been proposing to fill the space between these two areas with industrial development, specifically more warehouses and trucking industry. This is a significant and drastic change from the existing plan. And the existing plan was a good one, we don't need to deviate from it, we just need to actually execute it. I, for one, am still waiting for an entrance to Efland's "district park" that's actually in Efland, it's currently open with its only access point in Hillsborough. The voices of the citizens who are actually going to be impacted by this proposed change of plans should be part of this conversation, early in the process. Ironically, (and I hope not deliberately), the Efland Mebane Small Area Task Force is currently listed as "inactive" on the county website just as this area is becoming a focal point for development. The task force should be re-populated and re-instated to allow for meaningful citizen input. Our Future Land Use Map is not a private game of Sim City for Mr. Benedict and a handful of others. It's a public document, that's relied on by the citizens who've elected you. Our voices should be heard early in the process when you are contemplating big changes as you are now. We should be part of the conversation. Instead, our Planning Department is trying to reduce public input to a "political hurdle" or a "technicality" to be checked off because the UDO requires it. I don't accept that and I don't think you do either. Jared Cates thanked the BOCC for bringing Medline, ABB, Wegmans, and Piedmont Metals to Orange County, all of whom bring good jobs and contribute to the tax base in Orange County. Andy Cagle spoke about general development of Orange County. He said he is involved in the community in many ways, and read a poem titled "Opportunity and Needs," which spoke of the needs of small town and rural residents who would like to have more opportunities. He asked the Commissioners to meet more of the residents in the rural areas, and learn about their needs. Matt Cartmill ceded his time, and did not provide further comment. Andrea Riley said she is concerned about projects that are proposed that do not fit zoning restrictions, and then the County has to amend the zoning to fit the project. She said she does not see the use of a plan if the plans are continually changed, and not upheld. Fredrick McAdoo asked if the Commissioners have a plan to assist Northern Orange County with participation in virtual meetings. He said the Northern part of the County does not have a lot of broadband signal or cell phone service. He said the Efland community would like to see signs that encourage business. He said the community would like to see opportunities for Commissioners to hear comments from those who are in favor of projects, as well as those who are not. He said he would like to see more participation in decision making from Orange County residents, and asked for more balanced discussions. He said Northern Orange County residents should not feel that they are only important during election times, and asked what can be done to make Orange County itself better for those who have lived here for a long time, and 5 not just the towns. He said businesses that come into Efland should help the County and the schools. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements, Petitions and Comments by Board Members Commissioner Bedford said she had no comments. Commissioner Dorosin said he had no comments. Commissioner Hamilton read the following two petitions: When I was elected to this Board, I pledged to serve the residents of Orange County to the best of my ability. I have been appreciative of the information provided by our County manager and staff and my fellow commissioners. However, to be at my best, I would like to petition for the Commissioners to require that the Board agenda and supporting documents be available one week before a board meeting. I am not looking for this change to happen right away since there are a lot of departments to coordinate. And I expect that there will be urgent items that come up after the week. Given the volume of information, getting the information Thursday before a Tuesday meeting is not enough time. I also want to petition to have my fellow commissioners consider using the 3-minute timer during this comment/announcement/petition time. It is stated on the agenda and I think we should follow that rule unless there is a compelling reason to override it. I think that it provides a model to the public about staying to the 3 minutes. Commissioner Greene said she is looking forward to the virtual agriculture summit on February 8-10. Commissioner McKee said he had no comments. Commissioner Fowler said she attended the Mental Health Community Collaboration Steering Committee, which is currently focusing on social and emotional curriculum at the high school level. She said she also attended the Go Triangle Tax Board meeting, and was elected as Vice Chair, with Commissioner McKee elected as Chair. She said she attended the Behavioral Health Task Force, where there were updates from the diversion and RISE subcommittees, and the conclusion was a recommendation for a diversion facility that would keep individuals from ending up in jail or in the hospital. Chair Price said on February 16th the Board will receive a resolution on the Crown Act, and she petitioned the board to sign it. She said the schools sent a letter requesting support from the Governor to allow teachers to get vaccinated soon, as schools are planning to open up. She said staff is preparing a letter. She said a joint meeting with Mebane is being scheduled. She asked Bonnie Hammersley for clarification on the BOCC getting information on the Buckhorn Area Plan before the planning board. Craig Benedict, Planning Director, said the presentation to the planning board will only be for informational purposes. He said the BOCC will also receive information on February 16. Commissioner Green expressed concern about not having public comment at the planning board meeting. Bonnie Hammersley said the meetings are for providing information, prior to the joint meeting with Mebane. 6 4. Proclamations/ Resolutions/ Special Presentations a. Proclamation Recognizing and Honoring Ron Stutts The Board considered voting to approve a proclamation recognizing and honoring Ron Stutts for his 43 years of serving the Chapel Hill/Carrboro and Orange County community on WCHL radio and authorize the Chair to sign. Chair Price asked Commissioner Bedford to introduce the item and to read the resolution. Commissioner Bedford recognized coworkers from WCHL, and then read the resolution: BACKGROUND: Ron Stutts began his career with WCHL on July 16, 1977. Since that time, Mr. Stutts has been waking up the Chapel Hill/Carrboro and Orange County community on air for 43 years, hosted the "Ron Stutts Show" on WCHL radio and is recognized as the "voice of our community." With the Village Pride and Hometown Heroes segments of his morning show, Ron often featured County residents, business owners, non-profit directors, leaders, volunteers, and others over the years, highlighting the good work being done in the community. Mr. Stutts also donated many hours of his time serving as the Emcee for many community events and organizations over the years, including at festivals, concerts, and fundraisers. Mr. Stutts was awarded Radio Personality of the Year by the North Carolina Association of Broadcasters in 2014, 2015, 2016, 2018, and 2019. Mr. Stutts retired on December 18, 2020, and residents throughout the community will miss starting each day listening to that silky smooth voice to get their community news and information, as well as some groovy song recommendations. ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION RECOGNIZING AND HONORING RON STUTTS, RETIRING WCHL RADIO PERSONALITY WHEREAS, Ron Stutts began his career with WCHL on July 16, 1977, and retired 15,861 days later on December 18, 2020; and WHEREAS, Ron Stutts had been waking up the Chapel Hill/Carrboro and Orange County community on air for 43 years, hosted the "Ron Stutts Show" on WCHL radio and is recognized as the "voice of our community"; and WHEREAS, Ron Stutts has been one of our community's "leading action adults" for more than four decades, always keeping the Town of Carrboro "one degree cooler" and ensuring that WCHL is "Where Chapel Hill Listens" for fun, informative, vital, and sometimes even lifesaving local news; and WHEREAS, Ron Stutts has been the voice of the UNC Football Pregame Show Countdown to Kick off for 43 years; and WHEREAS, on the Village Pride and Hometown Heroes segments of his morning show, Ron often featured County residents, business owners, non-profit directors, leaders, volunteers, and others over the years, highlighting the good work being done in our community; and 7 WHEREAS, in the great ice storm of 2002, Ron Stutts helped WCHL stay on the air and guided our community with vital information during a power outage that lasted for days, while sleeping in the studio of WCHL for several nights in a row; and WHEREAS, Ron Stutts was awarded Radio Personality of the Year by the North Carolina Association of Broadcasters in 2014, 2015, 2016, 2018, and 2019; and WHEREAS, Ron Stutts has donated many hours of his time serving as the Emcee for many community events and organizations over the years, including at festivals, concerts, and fundraisers; and WHEREAS, residents throughout the community will miss starting each day listening to that silky smooth voice to get their community news and information, as well as some groovy song recommendations, from their friend Ron Stutts; and WHEREAS, although we will all greatly miss "waking up" with Ron Stutts in the morning, we wish him the very best; NOW THEREFORE, we, the Orange County Board of Commissioners, do hereby recognize and express deep appreciation and respect for the services rendered by Ron Stutts to the Orange County community, and wish him well in his retirement. This the 2nd day of February 2021. Renee Price, Chair Orange County Board of Commissioners A motion was made by Commissioner Bedford seconded by Commissioner McKee to approve the Proclamation recognizing and honoring Ron Stutts for his 43 years of serving the Chapel Hill/Carrboro and Orange County community on WCHL radio and wishing him well in his retirement, and authorize the Chair to sign the proclamation. Roll call ensued VOTE: UNANIMOUS Ron Stutts thanked the Board, and said it has been an honor to serve Orange County, and hopes that everyone continues to listen to WCHL. He thanked the Board for all it does, and said he will be writing, listening to music, and spending time with his family. Coworker Aaron Keck talked about the first time going on the air with Ron Stutts. He said it is intimidating, but Ron Stutts is a warm human being, a friend to everyone, and a fantastic mentor. He thanked him for his service. Commissioner McKee said congratulations, and to enjoy his time off. Commissioner Dorosin thanked Ron Stutts for being a great person, and he will leave big shoes to fill. Commissioner Fowler thanked Ron Stutts for being a vibrant force and personality. Commissioner Hamilton thanked Ron Stutts for his service to the community. Commissioner Greene said she looked forward to seeing him around the community. Chair Price thanked Ron Stutts for showing love to the community, and wished him well. 8 b. Proclamation Recognizing and Expressing Appreciation to Nancy Grebenkemper The Board considered voting to approve a proclamation recognizing and expressing appreciation to Nancy Grebenkemper for her devotion and service to the people of Orange County through PORCH Hillsborough. Chair Price introduced the item. Commissioner Fowler read the resolution: BACKGROUND: In 2011 Nancy Grebenkemper and Claire Millar observed the impact of the recession, the reality that residents having enough food to eat was a major issue in Orange County, and that the number of people seeking food assistance at the Orange Congregations in Missions (OCIM) food pantry was large and increasing. Ms. Grebenkemper and Ms. Millar learned about PORCH Chapel Hill Carrboro, and with help from three PORCH Chapel Hill Carrboro founders, Ms. Grebenkemper and Ms. Millar started PORCH Hillsborough, which has since grown from three neighborhoods to over 30, and overall donations have grown each year since 2011 and include businesses in the Meadowlands Business Park donating food on a monthly basis. PORCH Hillsborough has also established the Food for Schools program and Food for Families program to ensure students and families in the community get enough to eat. Ms. Grebenkemper has recently announced her plans to retire from her efforts to lead PORCH Hillsborough. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PROCLAMATION RECOGNIZING AND EXPRESSING APPRECIATION TO NANCY GREBENKEMPER WHEREAS, in 2011 Nancy Grebenkemper and Claire Millar observed the impact of the recession, the reality that residents having enough food to eat was a major issue in Orange County, and that the number of people seeking food assistance at the Orange Congregations in Missions (OCIM) food pantry was large and increasing; and WHEREAS, Ms. Grebenkemper and Ms. Millar learned about PORCH Chapel Hill Carrboro and its monthly neighborhood food collections supplying food to several food pantries, and decided they themselves could also do something about hunger in Orange County; and WHEREAS, with help from three PORCH Chapel Hill Carrboro founders, Ms. Grebenkemper and Ms. Millar started PORCH Hillsborough with three neighborhoods in 2011; and WHEREAS, PORCH Hillsborough has since grown from three neighborhoods to over 30, and overall donations have grown each year since 2011 and include businesses in the Meadowlands Business Park donating food on a monthly basis; and WHEREAS, PORCH Hillsborough is dedicated to helping the kids and families in the community get enough to eat, and started both the Food for Schools program, providing healthy snacks to students who are hungry during the school day or need supplemental food sent home over weekends and holidays, and the Food for Families program, a partnership with Weaver 9 Street Market that provides healthy, fresh produce to families identified by school social workers as being at risk of hunger; and WHEREAS, Ms. Grebenkemper is retiring from her efforts to lead PORCH Hillsborough; and WHEREAS, through her service with countless others, Ms. Grebenkemper has changed lives by helping people to have adequate and nutritious food, to navigate their journey to health and self-respect, and empowering them and their families to lead productive lives; NOW THEREFORE we, the Orange County Board of Commissioners, do hereby recognize and express deep appreciation, gratitude, and respect for Nancy Grebenkemper for her dedicated leadership and her service to the people of Orange County, and we wish her all the best in her future endeavors. This the 2nd day of February, 2021. Renee Price, Chair Orange County Board of Commissioners A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton to approve the proclamation recognizing and expressing appreciation to Nancy Grebenkemper for her service to the people of Orange County through PORCH Hillsborough and wishing her well in her future endeavors, and authorize the Chair to sign the proclamation. Roll call ensued VOTE: UNANIMOUS Anna Waters congratulated Ms. Grebenkemper. Sarah Zink said she was a wonderful mentor, and thanked Ms. Grebenkemper for her service. Karen Sindelar relayed the challenges of addressing the community's needs and praised Ms. Grebenkemper's efforts. Karin Yoch described the efforts of running the organization, and said she admired Ms. Grebenkemper. Chair Price thanked Ms. Grebenkemper for all she's done for Orange County to ensure no one goes hungry. Ms. Grebenkemper expressed appreciation for everyone's kind words, and for the support of the community. c. Black History Month Proclamation The Board considered voting to approve a proclamation designating February 2021 as Black History Month in Orange County and authorize the Chair to sign. Chair Price introduced the item, and Commissioner Hamilton read the resolution: BACKGROUND: Carter G. Woodson and three others started black History Month, proclaimed by every president since 1976. These Black Americans formed the Association for the Study of Negro Life and History (ASNLF), which started the idea of Black History Month in 1915, at the 10 celebration of the fiftieth anniversary of emancipation in Washington, DC. The ASNLF, an organization whose mission was to research and promote the achievements of Black Americans and other people of African descent. The first celebration was during the week in February that encompassed Abraham Lincoln and Frederick Douglas's birthdays. In 1976, President Gerald Ford expanded the celebration to the month of February. President Ford urged Americans to "seize the opportunity to honor the too-often neglected accomplishments of Black Americans in every area of endeavor throughout our history." The month of February was selected to commemorate the birthdays of Lincoln and Douglas and to recognize the history of Black Americans and the historical significance they represent in the history of the United States. This year's Black History Month theme is "The Black family: Representation, Identity, and Diversity." ASNLF describes the Black family as "the foundation of Black American life and history," which offers a "rich tapestry of images for exploring the African American past and present." Upcoming activities commemorating Black History Month include: • February 1, 6 —8 pm. Commemoration of George Henry White. Register: https://townofcarrboro.zoom.us/webinar/register/WN -Iorm6uDSauaS23HIFNzvQ (If registration is full, you can view the program via YouTube. For more information, contact Carrboro Recreation at 919.918.7364 or via email at recparks(a-)-townofcarrboro.org.) • February 18-19: "Equal Protection's Grand Promise and Betrayals: Reconstruction, Plessy to Bakke and Beyond — Is There a Way Forward?" UNC Center for Civil Rights. Agenda, registration: https://Iaw.unc.edu/academics/centers-and-programs/center-for-civil- rights/conferences-and-events/ • February 1 —28 - United Way of the Greater Triangle and Orange County are hosting a Racial Equity 21-Day Challenge that takes employees on a daily journey of learning and self-discovery to develop more effective social justice habits around issues of race, power, privilege, and leadership. The goal is to build new understandings and connections and begin dismantling systemic racism. Employees receive a Challenge email each Monday, Wednesday, and Friday - such as reading an article, listening to a podcast, or watching a video. Participants are encouraged to reflect on the information through journaling and sharing via social media to relate the situation to their own lives. A unique hashtag will be provided on February 1 to track the conversation in its entirety. During the Challenge, employees discover how inequity and racism affect the community. At the end of the Challenge, United Way will host a virtual Unwrapped panel event that brings together participants from different workgroups and subject- matter experts. This experience will broaden participants understanding of the issues related to racial equality and highlight some of the shared knowledge gained from the experience. • Throughout February 2021, the Orange County BIPOC Elected Officials will spotlight "Black History Legends — Orange County Style" on County and Town websites. Elected officials will recognize local Orange County legends who have made significant contributions to the community. This year's Black History Legends include: 11 Braxton Foushee Rosie Caldwell Lillian Lee Deloris Bailey Dr. Kizzy Corbett February 28, 3:00 pm: The 311t Annual Pauli Murray Awards - The Pauli Murray Awards Ceremony recognizes individuals and businesses that have worked to promote and foster better human relations among the diverse residents of Orange County. Nominations are due by February 12, 2021. The Pauli Murray Human Relations Award commemorates the life and achievements of the late Reverend Dr. Pauli Murray. This year's guest speaker will be distinguished professor, best-selling author, and poet Nikki Giovanni. Also featured will be Orange County's author and poet, Jaki Shelton Green, Poet Laureate of North Carolina. For more information, follow the link: orangecountync.gov/ThePauliMurrayAward ORANGE COUNTY BOARD OF COMMISSIONERS BLACK HISTORY MONTH PROCLAMATION WHEREAS, as we begin our journey this year, it is of the utmost importance that we take all steps necessary to eradicate practices of discrimination against individuals, which are detrimental to the peace, welfare, and progress of our County; and WHEREAS, Orange County is home to Black Americans who are descendants of Africans and were kidnapped, brought to this Country, and enslaved more than 400 years ago; and WHEREAS, Black Americans are diverse, respected residents of this country and our community who have worked to transcend the continuing impacts of slavery and racial segregation to contribute to our community's economic, political, social, and spiritual well-being; and WHEREAS, Black Americans, whose experiences, generational wisdom, and work to triumph over racial oppression connect us to the past and help us meet the challenges of the future; and WHEREAS, this Nation and our community must strive to understand and address the history and legacy of racism, its impacts, and must reframe this Country's history by our understanding of the contributions of Black Americans; and WHEREAS, recognizing that family is the foundation of Black Americans life and history, this year's theme for Black History Month is "The Black family: Representation, Identity, and Diversity;" NOW, THEREFORE, we, the Board of County Commissioners of Orange County, do proclaim February 2021 as "BLACK HISTORY MONTH" in Orange County and challenge our residents to celebrate the month by educating themselves about the real history of Black American contributions to this Country and our community. 12 THIS THE 2nd DAY OF FEBRUARY, 2021. Renee Price, Chair Orange County Board of Commissioners A motion was made by Commissioner Hamilton, seconded by Commissioner Dorosin to approve the Proclamation designating February 2021 as Black History Month in Orange County and authorize the Chair to sign the proclamation. Roll call ensued VOTE: UNANIMOUS Annette Moore, Human Rights and Relations Director, discussed the upcoming events in honor of Black History Month. She highlighted the Pauli Murray Awards, which will be held virtually on February 28t" at 3 p.m. She also highlighted the Orange County BIPOC Elected Officials month-long event of"Black History Legends — Orange County Style," which will feature local figures in the community. She said, in addition, there will be a racial equity 21-day challenge for Orange County employees to challenge themselves to learn about racial equity and what is going on in the community. She said this is a good start to learning about black history. 5. Public Hearings a. Review of Zoning Atlas Amendment: NC Highway 57 Speedway Rural Economic Development Area (REDA-CZ-1) — Rougemont Self Storage The Board considered holding a public hearing, receiving the Planning Board/staff recommendation and public comment, closing the public hearing, and considered action on an applicant initiated Zoning Atlas Amendment for a parcel within the Little River Township of the County. Specifically, Darrell Chandler of Rougemont Storage Center, LLC, is seeking to rezone approximately 7.37 acres of a parcel at 8927 Mile Branch Road to NC Highway 57 Speedway Rural Economic Development Area (REDA-CZ-1). Approval of the zoning atlas amendment will allow for the expansion of the existing self-storage business. BACKGROUND: Staff has processed a zoning atlas amendment application proposing to rezone a 7.37 acre portion of a 21.54 acre parcel, further identified using Orange County Parcel Identification Number (PIN) 0910-23-7159 (hereafter `the Property'): FROM: Agricultural Residential (AR); NC Highway 57 Speedway Rural Economic Development Area (REDA-CZ-1); Flat River Protected Watershed Protection Overlay District; and Little River Protected Watershed Protection Overlay District TO: NC Highway 57 Speedway Rural Economic Development Area (REDA-CZ-1); Flat River Protected Watershed Protection Overlay District; and Little River Protected Watershed Protection Overlay District 13 The County approved the rezoning of the property/development of a self-storage facility in 2012, with the public hearing occurring on August 27, 2012 and BOCC approval of the request on November 20, 2012. Agenda materials and minutes for these meeting(s) can be accessed at: http://server3.co.orange.nc.us:8088/weblink/Browse.aspx?dbid=0&startid=42108&row=1&cr=1 . Attachment 6 contains a copy of the ordinance adopted in 2012 approving the aforementioned zoning atlas amendment and imposing conditions on the development of the approved self- storage business. As a general reminder, development of the property will be limited to applicable conditions imposed by the County as agreed to by the applicant. This includes continued compliance with existing, and any additional, imposed conditions. If the request is approved, the Zoning Atlas will indicate the property has been rezoned REDA-CZ-1, but development will only be permitted consistent with the approved site plan and conditions imposed specifically for the subject parcel. The basic facts concerning this application are as follows: Applicant: Darrell Chandler Rougemont Storage Center LLC 8927 Mile Branch Road Rougemont, NC 27572 Parcel Information: A ent s : Chad Abbott C3 Design & Engineering 2537 E. Lyon Station Road Suite 102 Creedmoor, NC 27522 A. Parcels and Size: PIN 0910-23-7159: An approximately 21.54 acre split zoned property with approximately: • 7.37 acres zoned AR; and 14.17 acres zoned NC Highway 57 Speedway Rural Economic Development Area (REDA-CZ-1). If the request is approved, the entire 21.54 acre parcel would be zoned REDA-CZ-1. A map denoting the vicinity and current zoning of the Property is contained in Attachment 2. The portion of the Property within the Little River Protected Watershed Protection Overlay District is limited to 12% impervious surface (5,227 sq. ft. per acre) for non-residential uses. The proposed development activity is contained within the Little River portion of the Property. B. Township: Little River. C. Future Land Use Map (FLUM) Designation: The parcel is located within the Agricultural Residential designation. Please refer to the maps contained in Attachment 3 for more information. D. Growth Management System Designation: Rural Designated. E. Existing Conditions/Physical Features: Varying topography with wooded areas and water features (i.e. ponds and streams). Portions of the Property have been developed in support of a self-storage business. F. Roads: 1. North: Mile Branch Road, which serves as the access drive for the Property; 2. South: Bacon Road; 3. West: NC Highway 57; 4. East: The eastern property line does not have frontage or abut on a roadway. 14 G. Water and Sewer: Development of the property will rely on individual well and septic systems. The Property is not in an area served by public water/sewer. Surrounding Land Uses: North: 80 acre parcel with a go-kart race track zoned AR; South: Bacon Road and AR zoned property ranging in size from 1.8 to 18 acres in area. There is a 2 acre parcel with an existing single-family residence; West: NC Highway 57, an 8 acre parcel with a single-family residence split zoned AR and Existing Commercial (EC-5), the Orange County Speedway on a 118 acre parcel also zoned AR; and East: A 7.6 acre parcel with an existing concrete processing operation zoned AR, Mile Branch Road, and the Orange/Durham County line. Conditional Zoning (CZ) Process: This process involves approval of a rezoning petition and a professionally prepared site plan allowing for the development of a specific land use. Applications are processed in a legislative manner (i.e., does not require sworn testimony or evidence) and decisions are based on the BOCC's determination that the project is consistent with the purpose and intent of the Comprehensive Plan and County regulations. The typical cadence for review is as follows: • First Action — Planning staff schedules a Neighborhood Information Meeting (NIM). Staff Comment— DONE. This meeting was held in an on-line format on December 17, 2020. No members of the public attended. Please refer to Attachment 5 for more detail. • Second Action —The Planning Board reviews the application at a regular meeting and makes a recommendation to the BOCC. Staff Comment— DONE. The Board reviewed this request at its January 6, 2021 regular meeting, where they unanimously recommended approval. No members of the public spoke on the rezoning application. • Third Action —The BOCC receives the Planning Board recommendation and makes a decision at a previously advertised public hearing. Staff Comment— Scheduled for February 2, 2021. If the public hearing is held remotely, there is a 24-hour waiting period required before a decision can be effective, as per State legislation regarding virtual/remote meetings. The purpose of the 24-hour waiting period is to allow for submission of written comments. Per Section 2.9.2 (F) (3) of the Unified Development Ordinance (UDO), mutually agreed upon conditions can be imposed as part this process only if they address: 1. The compatibility of the proposed development with surrounding property, 2. Proposed support facilities (i.e. roadways and access points, parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, etc.), and/or 3. All other matters the County may find appropriate or the petitioner may propose. If approved, the Zoning Atlas will be amended and the zoning designation of the subject 7.37 acre portion of the Property shall be changed to REDA-CZ-1. Development, including permitted land uses, would be in accordance with the approved development proposal and conditions imposed as part of the atlas amendment process. Development of the Property shall be permitted only through the review and approval of site plan application(s) in accordance within Section 2.5 of the UDO. This is so staff can verify all imposed conditions are adhered to and allow for final review by members of the Development Advisory Committee (DAC) as detailed within Section 1.9 of the LIDO. Proposal: The applicant currently operates a self-storage facility on the property called Rougemont Self-Storage. As previously indicated herein, the self-storage operation is on a portion of property zoned REDA-CZ-1 while the southern portion of the parcel remains zoned 15 Agricultural Residential (AR). The applicant is seeking to rezone the entire 21.54 acre parcel to REDA-CZ-1 to allow for the expansion of the existing self-storage facility, including: • 3 new storage buildings representing an 11,400 sq. ft. increase in impervious surface area; • Development of new internal access road/drive-aisles representing an additional 11,280 sq. ft. of new impervious area; • Development/installation of a new on-site spray septic system; and • Preservation of existing foliage, the erection of a new fence, and the planting of additional landscaping material to screen the project from adjacent properties. STAFF COMMENT: The property was included in the NC Highway 57 Small Area Plan study area and a self-storage facility was envisioned as an allowable use for the area. The small area plan was adopted by the BOCC on August 21, 2007 and can be accessed using the following link: https://www.orangecountync.gov/DocumentCenter/View/4184/NC-57-Speedway-Smal I-Area- Plan-NC-57-SASAP-Task-Force-Currently-Inactive-PDF. Section 5.2 Table of Permitted Uses of the UDO indicates a self-storage facility is a permitted use of property within the REDA-CZ-1 zoning district. The proposed expansion is consistent with the provisions of the UDO, is consistent with the small area plan study, and is consistent with the County's original approval of the Conditional Zoning district in 2012. Access: The existing self-storage facility obtains vehicular ingress/egress from a driveway off of Mile Branch Road (State Road 1532). Access to the proposed new self-storage facilities will be through this existing driveway (i.e. no additional external driveway access proposed). STAFF COMMENT: Staff has received comments from NC Department of Transportation (NCDOT) staff indicating no concerns over the increase in traffic. According to the applicant, the additional 11,400 sq. ft. of mini-warehouse/storage unit space is expected to generate approximately 30 additional daily traffic trips to the site. Staff has determined the proposed expansion will not impact existing condition(s) imposed on the project as part of the original 2012 approval. As with all such projects, the site plan will be reviewed prior to the commencement of development activity by all County planning partners (i.e. NCDOT, County Fire Marshal, County Solid Waste, Environmental Health, Building Inspections, Erosion Control/Stormwater, etc.), presuming the atlas amendment is approved by the BOCC. Utilities: The project will be served by an on-site well and a spray septic system. STAFF COMMENT: A condition on the 2012 approval required on-site waste disposal facilities to be approved by Environmental Health and Building Inspections prior to the authorization of earth disturbing activities. Orange County Environmental Health will be involved in the review of the proposed installation of the new septic system, which is being permitted by the State consistent with applicable regulations. Erosion Control/Stormwater Regulations: The applicant has indicated the project will abide by existing stormwater and erosion control regulations in Sections 6.14 and 6.15 of the UDO respectively. STAFF COMMENT: The submitted site plan denotes the location of a new stormwater control measure (SCM) that will be required for compliance with the provisions of the UDO. The 16 proposed expansion does not impact any existing conditions associated with the 2012 approval as it relates to stormwater management. Solid Waste: The applicant has indicated development within the project shall abide by the Orange County Solid Waste Management Ordinance. STAFF COMMENT: Orange County Solid Waste staff has indicated they have no concerns over the proposed expansion. Land Use Buffers: The applicant is proposing a 20' Type A land use buffer along NC 57 and Bacon Road. The applicant is also proposing a 10' land use buffer along the eastern property line adjoining the Argos Ready Mix cement mixing operation. For greater detail, please refer to the Landscape Plan (sheet C-1.5) in the Site Plan Under Separate Cover. STAFF COMMENT: The proposed buffers are consistent with the original Conditional Zoning District approval from 2012. The applicant will be required to maintain these buffers consistent with Section 6.8 Landscaping, Buffers & Tree Protection. Environmental Assessment (EA): Per Section 6.16.2 (A) of the LIDO, the application was exempt from the Environmental Assessment (EA) requirement because the development area for the project is less than two acres. Analysis: As required under Section 2.9.2 (E) of the UDO, the Planning Director is required to: `cause an analysis to be made of the application'and pass that analysis on to the reviewing body. In analyzing this request, the Planning Director offers the following: 1. The application is complete in accordance with the requirements of Section 2.9.2 (C) of the UDO; 2. The proposal appears consistent with the various goals outlined within the Comprehensive Plan concerning development, including: a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. b. Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. c. Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. d. Objective LU-3.1: Discourage urban sprawl, encourage a separation of urban and rural land uses, and direct new development into areas where necessary community facilities and services exist through periodic updates to the Land Use Plan. 3. The proposed development is consistent with existing/anticipated development within the area and the various land uses associated with the project are compatible with various goals/policies as detailed herein; 4. The project is consistent with the findings and recommendations contained within the NC Highway 57 Small Area Plan with respect to development in the area; 5. The proposed land use buffers are consistent with the 2012 approval and will adequately screen the land use from NC 57, Bacon Road, and the cement mixing operation to the east. 17 Neighborhood Information Meeting: A neighborhood information meeting for the project was held on December 17, 2020 in accordance with Section 2.9.2 (D) of the UDO. The meeting was held in an on-line format due to current public health concerns. No members of the public attended the meeting. Public Notifications: In accordance with Section 2.8.7 of the LIDO, notices were mailed via first class mail to property owners within 1,000 ft. of the subject parcel providing the date/time of the BOCC public hearing where the proposal is to be reviewed. These notices were mailed on January 15, 2021, 17 days before the meeting. Staff also posted the subject parcel with a sign indicating the date/time of the public hearing of the rezoning request on January 15, 2021. For more information, please refer to Attachment 5. Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at its January 6, 2021 regular meeting. At this meeting the Board voted unanimously to recommend approval of the Statement of Consistency (Attachment 8) and the proposed Zoning Atlas Amendment (Attachment 9). Excerpts of the minutes from the meeting, as well as the Board's signed Statement of Consistency, are included in Attachment 7. Agenda materials from the meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Consistency indicating the zoning atlas amendment is reasonable and in the public interest as contained in Attachment 8. 2. Ordinance amending the Zoning Atlas as well as imposing development conditions for the identified parcel as contained in Attachment 9. RECOMMENDATION: The Manager recommends the Board: 1. Receive the request; 2. Conduct the public hearing and accept comment; 3. Provide direction to staff and the applicant on any additional conditions consistent with Section 2.9.2 (F) (3) of the UDO; 4. Close the public hearing 5. Authorize the acceptance of written comment(s) via e-mail to the Board at ocbocc(a_orangecountync.gov or by delivery to the Planning Department's office at 131 West Margaret Lane, 2nd floor, Hillsborough, North Carolina 27278, until 9:00 a.m. on Thursday February 4, 2021; 6. Consider action to approve the: a. Statement of Consistency (Attachment 8), and b. Zoning Atlas Amendment (Attachment 9) as recommended by the Planning Board and Planning Director. If written comments to the rezoning request are received before the deadline stated in #5, this item will be brought back to the BOCC on February 16, 2021 for further consideration. If no written comments are received, the decision of the BOCC shall become effective at 9:01 a.m. on Thursday, February 4, 2021. 18 Michael Harvey, Current Planning and Zoning Supervisor, and Molly Boyle, Planner I, made the following PowerPoint presentation: ORANGE COUNTY NORTH CAROLINA AGENDA ITEM:5-a PUBLIC HEARING Zoning Atlas Amendment NC Hwy 57 Rural Economic Development (REDA-CZ-1)—Rougemont Self Storage Orange County Board of Commissioners February 2,2021 Meeting Cadence: 1.Staff and applicant presentation; 2.Questions from BOCC Members; 3.Summary of recommended conditions; 4.Public Comments;and 5.Board deliberation. ORANGE COUfYiY What is REDA-CZ-1? • Conditional Zoning District created to further the goals identified within the INC Highway 57 Small Area Plan; Plan adopted by BOCC on August 21,2007 • Intended to provide opportunities for low-intensity non-residential land uses: STAFF COMMENT: District provides potential'path'for existing non-conforming land uses to become conforming through the CZD development review process. • Section 5.2 Table of Permitted Uses actually'spells out' what land uses are/are not permitted for development within REDA-CZ-1. ORANGE COUM1ITY REDA District Pw• 7 Northwest Orange county; • Invdves app—r-nately 1B parcels of pr p dy. r Includes existing _ Orange County ' Sf>eadwaY; • Specific land uses approved as part of _ CZD aw/appoval process(listed in Table a d Permitted Uses); • Site plan approval (staff)still req uir d. ORAa GECOUN Y History: —r •County approved REDA-CZ-1 zoning allowing for development of self-storage facility on November 20,2012; •As part of the approval,the BOCC imposed several Conditions outlining development of the facility; STAFF COMMENT: Land use limited to development of a sett-storage facility • Staff approved site plan for actual development in spring/summer of 2013 STAFF COMMENT: Approval included development of stormwater control measure (SCM) to address compliance with the provisions of the UDC. ORANGE COUNTY 19 Proposal: —• Applicant seeking approval for: �a Development of 3 new storage buildings representing an 11,400 sq.ft.increase in impervious surface area; +Development of new internal access roadways (11,280 sq.ft,of impervious surface area); :•Installation of new septic system; Preservation of approximately 4 to 5 acres of existing vegetation as open space(im, exclusive of septic area,additional stormwaler control measure(SCM), and storage units); +Access through existing driveway off Mile Branch Road(i.e.through existing facility). ORANGE COUNTY ROLES: Staff. —Determine application completenesslconsistency with Comprehensive Plan and UDO; —Determine compliance with applicable standards or viability of proposed'design alternatives'; —Recommend imposition of conditions/action on request. • Planning Board: —Hear from applicant,staff,and the general public; —Review/discuss analysis and recommendation(s); —Discusslrecommend imposition of conditions; —Recommend approval or denial to the BOCC. ORANGECOUNTY ROLES(continued): ` BOCC: —Schedulelhold public heading to receive application; —Hear from applicant,staff,and the general public; —Review/discuss staff and Planning Board's analysis and recommendation(s); —Review,discuss,and negotiate conditions; —Close the public hearing; —Approve or deny the request to approve Zoning Atlas Amendment application with the imposition of mutually agreed to conditions. ORANGE COUNTY IMPOSITION OF CONDITIONS: • Par Section 2.9.2(F)(3)of the UDO;Mutually agreed upon conditions can be imposed only if they address: Compatibility of the development with surrounding property. Proposed support facilities (i.e. roadways and access points, parking, pedestrian and vehicular circulation systems,screening and buffer areas,etc.)and/or Other matters the County may find appropriate or petitioner proposes. • If approved,Zoning Atlas amended(property designated REDA-CZ-1). Development consistent with approved plan and mutually agreed to imposed conditions. ORANGE COUNTY SUBJECT PARCEL: r9i1° • Pw osao.za-�tss; • tas arrermem., • Ren:a.vin:pRED D 13 acres Aq&A W-1 7 5R.1d.na 1(AR):WiRl Realdendel(AR): Request—drezone entire patch W REOA- ♦ CZ-1 /��%r`l' Waktshetl Ovedey _ 5.2 ohh ➢52acresm2% Rrvel Ie PMCMd(1]% Impernous)', �td3acres In FlM River PlelecMd(1]% impervlpusf ORANGE COUNTY 20 Proposed Site Plan. open aPseel- rved loliage.� -.-. — ftl q ORANGECOUNiY Proposed Landscape Plan rq•Ix f' fr� I - Preserved �� Vegetalien ORANGE COUNTY PROCESS-Schedule and Action: • First Action - Planning staff schedules a Neighborhood Information Meeting(NIM). -DONE. Meeting was held on-line on December 17, 2020. • Second Action - The Planning Board reviews the application at a regular meeting and makes a recommendation to the BOCC. -DONE. Board voted unanimously at its January 6, 2021 meeting to recommend approval. • Third Action - The BOCC receives the Planning Board recommendation and makes a decision at a previously advertised public hearing. - OCCURING. ORANGECOUNTY APPLICATION: Consistent Wth the LIDO,the submittal contains: -Signed alias amendmenl application(includes list of property owners within 1,000 ft.;authorization of property owners to apply for atlas amendment, etc.); -Project narrative; -Site plan(Completed in accordance with the requiremenls of Section 2.5 of the UDO); -Traffic Assessment; -Other supporting documentation. _ ORANGE COUNTY Applicant Presentation: 21 Chad Abbott thanked the BOCC for allowing him to speak. He said he is from C-3 Design and Engineering, and represents Darrell Chandler. He said it is a straightforward application, and welcomed any questions or input from the Board. Commissioner Dorosin asked staff if the Applicant's presentation should be part of the public hearing. Michael Harvey said the Applicant usually presents prior to the public hearing. Chad Abbott said he had no further presentation: Michael Harvey resumed the PowerPoint presentation: CON OITIONs •�i General: v No action on this request can invalidatelalter previous imposed condition; Only used for self-storage consistent with submittal, Applicant shall install welllseptic in accordance with applicable Orange County Health Department requirements; v Stormwater permits) shall be required for new stormwater control measure(SCM); All applicable County permits) shall be issued before construction(i.a,building,Fire Marshal,Erosion Control, eta); No ancillary commercial or residential use of individual storage facilities shall be permitted. _ ORANGE COUNII' STAFF ANALYSIS/RECOMMENDATION: r4+ Application is complete; Land Use consistent with anticipated development per Small Area Plan and REDA-CZ-1 District; Environmental analysis indicates Project will not have adverse impacts; L Stormwater regulations shall be adhered to. Foliage along NC Highway 57 shall be preserved; County and NC DOT staff have reviewed traffic impacts and have not identified any necessary improvements No more than 30 additional daily trips; Access to new buildings through ebsting driveway Owrcnl I:aU,.N Y Planning Board Recommendation:'-" • Reviewed atlas amendment at its January 6,2021 regular meeting. • Voted unanimously to recommend approval of the Statement of Consistency (Attachment8)and the proposed Zoning Atlas Amendment(Attachment 9), tTr 22 BOCC Action: Manager recommends the Board: 1. Receive request and conduct the public hearing, 2. Provide direction on any additional conditions consistent with Section 2,9.2(F)(3)of the UFO; 3. Close the public hearing and authorize acceptance of written comment(sj until 9:00 a.m.on Thursday February 4,2021; 4. Consider action to approve the Statement of Consistency (Attachment 8)and Zoning Atlas Amendment(Attachment 9)as recommended by Staff NOTE:If wrigan cemmonrs ro reraning rwl eivatl Fe re 11—the 1.11 Fab 4, 1— deedllne,WF IMm will he brnugbl bank la fiOCC na February 9fi,2a2 tar nn.laerad.n.a nn wan.n no rawna.me aeaemn a rbe It—en.0 bacornp affective ar B:pt a.m.an ThursdaYr February 4,30]1(approval of tlaniall. For more Iniormatlon or ouestions on this or000sal. all Halvey,Current Planning Superylgor O N�GE C�OUrv`Y mharveY®omn[IBtauntync am or 0,9)2a5.2597 , Craig Benedict clarified Michael Harvey's comment, noting that the Board could approve or deny the statement of consistency and zoning atlas amendment. A motion was made by Commissioner McKee, seconded by Commissioner Fowler to open the public hearing. Roll call ensued VOTE: UNANIMOUS PUBLIC COMMENTS: Chad Abbott asked if a condition could be applied to the application, such that the owner could have a separate maintenance building on the property at a location that still complies with setbacks and impervious surface requirements. He said it does not change the use or the conditional zoning use of the property. He said the owner has requested a 20 by 30 shed, for lawn care and maintenance equipment, outside of the fenced area of the property. He asked if staff could review this to make sure it meets the requirements of the zoning district. John Roberts said the Board would need to determine if staff could review this condition, and, if so, staff would need time to review this condition, and it would require the item be continued to a future meeting. Michael Harvey clarified the request by Chad Abbott, and said the building would not be for a business purpose, but rather just for storage. He said he did not see this condition as a problem, as there would not be any land disturbance, and it would not result in an increase in impervious surface. Chad Abbott said the shed would be outside of the storage facility, and outside of the fenced area. He said it would not be on impervious, but the impervious calculations for the watershed for the property would still be maintained. He said the stormwater group would review the construction drawings to make sure they meet the maximum impervious amounts. He said the condition of the storage facility would be in keeping with the zoning requirements of the property. Commissioner Greene asked if the condition is consistent with the zoning, why should it be continued to a future meeting. John Roberts said staff might need time to review it, but it seems that staff does not need that additional time. Craig Benedict said if the shed does not exceed the limits of 12%, then it can be approved. Commissioner Hamilton said she would like to have the item come back before the Commissioners at a future meeting, giving staff time to review and confirm that the condition is consistent with zoning. 23 Commissioner McKee said the requested condition is not inappropriate to consider at the meeting, because of the nature of the facility. He said the process is set up to allow these types of negotiations. Michael Harvey said he does not have any concerns about adding the storage facility. Commissioner Dorosin said he understands Commissioner Hamilton's point. He said if the Applicant is changing the application, then it should be reviewed by staff and voted on a future date. He said if the Applicant is not making a change to the application, then it does not seem to be something the Board needs to consider. He said if it is not part of the project area, then the Board does not even need to talk about it, nor have justification for the item to return to the Board. Michael Harvey said the application does not include the extra storage building, and, ideally, it needs to be shown on the site plan. He said it is an accessory unit, so he would be willing to support the Applicant's request that a condition be imposed. He said it is not going to increase the additional storage space on the site, nor will it increase the impervious surface. Commissioner Dorosin asked if the extra storage facility was added to the application earlier in the process, would Michael Harvey have asked the Applicant to add it to the site plan. Michael Harvey said yes. Chad Abbott apologized for the late notice of this request. He shared his screen to show the property. Chair Price asked if this shed will be in the area that needs to be rezoned. Craig Benedict said yes, but it will not be within the fenced area. Chair Price said if it was not being rezoned, could the Applicant have erected the storage shed without the involvement of the BOCC. Craig Benedict said because it is part of a rezoning process, the County must approve anything that is within the area. Chair Price asked if the zoning were approved tonight, and the owner wanted to put up a shed in the future, would he need to come back before the Board. Craig Benedict said if the impervious parameters stayed intact then yes, the owner could erect the shed without the BOCC's permission. Commissioner Greene echoed Chair Price's question, and said if the answer is yes, then she does not see a problem with approving it at this meeting. Commissioner McKee said his understanding is that conditional zoning was to make the process smoother and quicker, so applicants did not have to keep coming back. He said this type of shed is a reasonable request A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to close the public hearing. Roll call ensued VOTE: UNANIMOUS Michael Harvey said if the Commissioners intend to take action, the action needs to include language that the request was approved, as amended, to include a 20 by 30 foot storage shed. A motion was made by Commissioner McKee, seconded by Commissioner Greene to approve statement of consistency (attachment 8) and approve ordinance amending the Orange County zoning atlas with the addition of a condition imposed by the applicant to place a 20 by 24 30 storage shed for equipment to maintain the property, contingent on whether or not comments are received by the deadline. Commissioner Dorosin asked if the Board will have to come back and vote again If any public comments are received. John Roberts said yes. Commissioner Dorosin said this is a good motion, but wants to be consistent with other zoning amendment applications, and should the Board allow 24 hours for comment prior to voting. John Roberts said it is acceptable to do this for non-controversial items, because the risk is low. He said he would advise a much stricter adherence to the process with any items that are controversial and could lead to litigation. Commissioner Greene said the County Attorney's advice makes sense to her, and she supports this procedure. John Roberts said Orange County is not the only entity that does this practice, and there are other communities that follow this process, including Raleigh and either Mecklenburg County or Charlotte. Commissioner Hamilton said it is important to be consistent with previous items, and she will not vote in favor of this motion. She said she has nothing against this project, but feels strongly that the process should be followed, and action not taken on the fly. Chair Price said the Board has done this before, and it is not really acting on the fly. Roll call ensued VOTE: Ayes, 5 (Commissioner Dorosin, Commissioner Fowler, Commissioner Greene, Commissioner McKee, Chair Price); Nays, 2 (Commissioner Bedford and Commissioner Hamilton) MOTION PASSES Michael Harvey and Chad Abbott expressed appreciation to the board. A motion was made by Commissioner Hamilton, seconded by Commissioner McKee to recess the meeting for 3 minutes. Roll call ensued VOTE: UNANIMOUS RECONVENE MEETING Chair Price asked for a motion to reconvene the meeting. A motion was made by Commissioner Bedford, seconded by Commissioner McKee to reconvene 9:19 p.m. Roll call ensued. 25 VOTE: Ayes, 6 (Commissioner Bedford, Commissioner Fowler, Commissioner Greene, Commissioner Hamilton, Commissioner McKee, Chair Price); Nays, 1 (Commissioner Dorosin) MOTION PASSES 6. Regular Agenda a. Community Climate Action Grant - Project Selection for FY20-21 The Board received the grant project funding recommendations of the Human Relations Commission and the Commission for the Environment for the FY20-21 Orange County Community Climate Action Grant Program, and considered approving funding for the recommended Community Climate Action Grant projects for FY20-21. BACKGROUND: As part of the FY20 budget, the Board of Orange County Commissioners (BOCC) created the Orange County Climate Action Fund dedicated to accelerating climate change mitigation actions in Orange County. This decision was motivated in part to help the County meet the climate change mitigation goals set by the Board in recent years: • Reduce greenhouse gas emissions community-wide by 26 percent by 2025 (from 2005 levels). • Transition to a 100% renewable energy based economy by 2050. The first round of Climate Action Fund projects was proposed by the Commission for the Environment last year and approved by the Board of Commissioners. These include funding for solar projects for each of the school districts, a LED lighting campaign for lower-income residents, and additional funding to weatherize and preserve affordable housing. For the 2020-21 funding cycle, $478,657 in funding was budgeted to support climate action projects that will benefit Orange County residents both socially and financially. Following the direction of the Board of Commissioners, the process for soliciting and selecting projects to receive funding was conducted through a formal grant program. The scoring and eligibility guidelines were created by the BOCC and developed the remaining application elements borrowing from the successful model of the Outside Agency funding process. The application period for this first round of grants opened on September 18, 2020 and closed on November 9, 2020. The Community Climate Action grant program received seven applications in this round from a variety of non-profit and public organizations whose total requests add up to more than $1.2 million. While staff fielded some questions from prospective applicants from the private sector, no private sector applications were received. Grant applications were reviewed and scored by the Commission for the Environment (CFE) and the Human Relations Commission (HRC). On December 14, 2020 each of these Commissions voted to forward their final scoring and comments to the BOCC. The following is a rank-order summary table of their combined project scoring and recommendations, and more details on each project are available in Attachment 1 (Project Descriptions, Scoring, and Comments): 26 Total Rank Applicant Funding Recommended Score Project Out of 7 (Collaborators) Requested Funding Level Out of applications) 25 is Solar Panels on Affordable Habitat Habitat for Humanity of Orange County $95,000 $95,000 21.7 1 Homes NAACP of Chapel Hill and Carrboro Water Heater (Rebuilding Together of Replacement the Triangle and Habitat $122,100 $122,100 21.2 2 for Humanity of Orange County) Cane Creek Reservoir 352.4kW DC Solar OWASA $75,000 $75,000 19.6 3 Array Tree Planting Program Town of Chapel Hill $40,000 $40,000 18.5 4 Solar-powered Electric Vehicle Charging Town of Chapel Hill $18,500 $18,500 17.7 5 Station Cedar Falls Park Multipurpose Field LED Town of Chapel Hill $220,000 $128,057 17.0 6 Light Conversion Forest Foundation Orange County Eco- (Green Oil Company, Innovation Park LLC; Greenway Transit $700,000 $0 12.3 7 Services, LLC; and Carolina Biodiesel, LLC ) Total (Max for 2020- $1,270,600 $478,657 21:$478,657) Brennan Bouma, Sustainability Director, made the following PowerPoint presentation: ORANGE COUNTY NORTH CAROLINA Community Climate Action Grant Project Selection for FY20-21 February 2nd,2021 27 Climate Action Fund—Background • '/4 cent property tax for climate action approved for the 19-20 Budget • Decision prioritized projects with Social Justice and Racial Equity benefits • Community focus(not operations) • First year projects run by County entities • Current and future projects open to community through grant program Community Climate Action Grant— Overah Timeline 72.�l &20 PmJeet Grealbn aM GFE 1820 Prefect EvalaahenRarkir, BCGCpplcation Prajecl Review Project SelectlonApplk:a6vnr gam Fl, ard R.,k g 1nr and C�Niacfinq peens for FY21- 21 Rnrls FY20-21 FY2P2t 22 FUMs Project Rankin, wd Selectlon for FY21-22; P q-1 R-v- eOGC Review Prc*L Selectlon 2021-22 and Rankin,for aligned w.CIP for Application FY22-23 FY22-23 Opens far FY22- 28 F.ft FY20-21 Eligibility Guidelines • Non-profits, public entities, and small businesses. • All funds must be spent in Orange County. • Must have legal standing to receive funds. Ongoing projects eligible if expanding or accelerating. • Replacement and repair projects are eligible if not likely to be funded within 5 years. FY20-21 Scoring Criteria • 25 point scale • Social Justice and Racial Equity(5pts) • Emissions reduced(4 pts) • Efficient use of Funds(4 pis( • Capacity of Applicant(3 pis) • Local Economic Development(3 pts) Amount and Duration of Engagement(3 pts) • Time to complete(3 pts) 28 Summary Table R.bnn.a�a 10 .merrrM reA.P,mmrit .d iandlne'""_I C$IL� ° 151, blrLunbnl I 5.W?..k4n AftrMl9 HAIM for Hum-ty of D-H HL*I-Homes Corn "Vm 595.000 2-3 1 k1AA0P iC*d HIII ertd Meter Heater RepycemeM C.Ib—fFtAIQIng$gather of $122 1G0 %22,.100 21 2 2 the Tr.gle aid Hehltet Far Humenitycrf0mnp C—dyj Cane Creek Rer Ir GYlh5l1 $75,000 $75.000 19b 3 352AM OC Soler Arm Tree Planrr&Program bwn of Owl fa $90.000 $90A00 10.5 9 5oleryorved Faxtrlc Town aF Cl-.I Fti $iux W'500 17.7 5 Vehicle Pler I 5[etbn Ceder Fells Perk .,ftfpoae Tgg LLO llghl T.—of Clueel lV 5220,000 Si M7 17_0 6 Cwry kres k-d—n(Green f]I Orelge C—tg U- LonVen/.=Greer" " Trap'a $7LT0,[W $0 12.9 7 in—lm Perk Servl—LLC,end Cnr k. Blodle FL[ i9pl fa 26262L$677 $1,2MAO SOUPrx Detailed Table ei�, ,� eoser -M wowae�oen ee�rexuexwvw max a - r.x at er er er, Mores aapwie y„i100 {3 Ri 1] 3A eE 2a 3.P efs s +epdtnm ge4no rc[.etlrrae•.o Q.YI..a sr3}N 13 Sr Sr ra Ll x! 3n ere n Mrnq iwnoe[ti�wi SRM ra H zr ra ]a u So eis ialmrarvaN '+ornerSM[tlHl 519}Pf ii g,} s3 3A aY Li 2! er.a e 0.beriNeraet rwnero�ru worm rs vs ve fa ea v zr era e Gar�Souiry&tr rv.n ream S� ss zr re rs es ss ss era Torn oml S1YTki16 la4ia r:ere:v'i3wrl Commissioner Fowler referred to the water heater replacement project, and clarified that the project would convert 20 heaters from electric to electric, and 10 would be converted from gas powered to electric. She asked if there is a reason for those specific numbers, and would more people be allowed to convert, if so desired. Brennan Bouma said the Applicant was making estimates in order to provide a more specific budget request and impact estimates. He said these were the best estimates of the most prevalent technology they were aiming to replace. He said he would be happy to extend project flexibility to the Applicant to serve families who needed water heater replacement. Commissioner Fowler asked if going from electric to electric helps with greenhouse gas emissions offset, versus transitioning from gas to electric. Brennan Bouma said there is a significant benefit, as new heat pumps operate more efficiently, but have a higher up front cost. He said newer heaters help lower energy usage and electric bills. Commissioner McKee asked if clarification could be provided about the eco-innovation park request. He said it is vague and unclear. Brennan Bouma said this project is not recommended for any funding. Commissioner Dorosin referred to the OWASA project, and asked for clarity. Brennan Bouma said there are electric pumps that bring water to the wastewater treatment plant, and the solar array would go towards powering the pumps. 29 Elizabeth Henke, East Chapel Hill Rotary, explained the benefits of the Orange County Habitat of Humanity solar project, especially to low-income families, which can reduce high monthly electric bills. She said the effects of air pollution disproportionately affect low-income families, especially families of color, and climate justice and racial justice are linked. She said solar installations by Habitat will reduce emissions by more than 1,100 tons over the lifetime of the panels, and save the homeowner an average of$73 a month over 30 years. She said the rotary is proud to partner with Habitat on this project, and this will become a model for other habitat groups. Jennifer Player, CEO of Orange County Habitat for Humanity, discussed the benefits of installing solar panels for homeowners. She described a family for which Habitat is currently building a home, and said that for the first time solar panels were added to a future home built by the organization. She said the grant will allow for more families to benefit from solar panels. She described the work Habitat engages in and the benefits of homeownership for low-income families. She thanked the Commissioners. A motion was made by Commissioner Fowler, seconded by Commissioner Greene to approved funding as recommended. Commissioner Greene thanked the committee and staff for executing the program so effectively. She also praised the scoring criteria that was developed, and is pleased with the quality of the applications. Roll call ensued VOTE: UNANIMOUS b. Appointments to the Orange County Justice Advisory Council The Board will consider making changes to the Justice Advisory Council (JAC) structure and approving associated appointments to the Justice Advisory Council. BACKGROUND: The Orange County Board of Commissioners created the Justice Advisory Council (JAC) at its regular meeting on May 17, 2016. The Council coordinates, informs and enhances work in the criminal justice system and in the Orange County Criminal Justice Resource (CJR) Department. Its formation is aligned with the best practices for the administration of an effective, innovative and equitable criminal justice system. The JAC staff is recommending the following position changes: • Add a position for the University of North Carolina Police Department and appoint UNC Chief of Police David Perry to the position. • Add a position for the Orange County Housing and Community Development Department and appoint Director Emila Sutton to the position. • Add a position for the Orange County Human Rights and Relations Department and appoint Director Annette Moore to the position. Caitlin Fenhagen, Criminal Justice Resource Director, discussed the item and the benefits that an expanded board would bring to the council's work. A motion was made Commissioner Hamilton, seconded by Commissioner Dorosin to approve the expansion of the board as recommended. 30 Roll call ensued VOTE: UNANIMOUS c. Appointments to the Orange County Broadband Task Force The Board considered: 1) appointing two Commissioners to the Task Force; 2) making five At Large appointments to the Orange County Broadband Task Force from the applications received, and appoint representatives from the Orange County Manager's Office, Chapel Hill Carrboro City Schools, Orange County Schools, the NC Department of Information Technology, and Durham Technical Community College; and 3) providing direction to staff that the County Manager's Designee, in conjunction with a Facilitator, convene the first Task Force meeting no later than March 15, 2021, and that the Task Force select a Chair at that meeting. BACKGROUND: At the September 1, 2020 Board of Orange County Commissioners business meeting, a petition was submitted by Commissioner Earl McKee to create an Orange County Broadband Task Force. Stakeholders would include the County Manager, Information Technology Department Director, a representative from the North Carolina Department of Information Technology (NCDIT), Orange County Schools Superintendent, Chapel Hill Carrboro City Schools Superintendent and Community members living in the unincorporated areas of Orange County who are underserved, including those with an interest in resolving the digital divide in Orange County. The Board subsequently discussed the proposal further at its November 17, 2020 Business meeting, including the composition as noted in the table below and the following charge: The Task Force charge will include but not necessarily be limited to: 1. Discuss broadband solutions that will improve the quality of high speed internet services to Orange County residents; 2. Recommend a plan to the Board of Orange County Commissioners that will expand reliable high-speed internet services to all county residents and businesses. The Board voted "to approve the charge and composition (12 total positions) of the Orange County Broadband Taskforce and authorize the Clerk to the Board to advertise for residents to apply for the Task Force." Special Representation Appointee County Manager (Designee) Travis Myren, Deputy County Manager Chapel Hill Carrboro City Schools Doug Noell, Director of IT Operations Superintendent (Designee) 31 Orange County Schools Superintendent Dr. Monique Felder, Superintendent (Designee) (Or as Designee - Dr. Kathleen Dawson, Deputy Superintendent) NC Department of Information Technology Jeff Sural, Director NC Broadband (NCDIT) Representative Infrastructure Office (NC BIO) Durham Technical Community College Victoria P. Deaton, Compliance Specialist Representative Office of Institutional Equity and Inclusion Board of Commissioners - 1 TBD Board of Commissioners— 2 TBD Orange County Resident—At Large BOCC Appointment Orange County Resident—At Large BOCC Appointment Orange County Resident—At Large BOCC Appointment Orange County Resident—At Large BOCC Appointment Orange County Resident—At Large BOCC Appointment It is proposed that Deputy County Manager Travis Myren (County Manager Designee), in conjunction with a potential Facilitator, convene the first Task Force meeting no later than March 15, 2021, and that the Task Force select a Chair at that meeting. Katie Loovis, Chamber for a Greater Chapel Hill and Carrboro, expressed support for the creation of the Broadband Task Force. She asked for providers of broadband services to be part of the task force as ex officio, non-voting members, to provide information and updates to the voting members of the task force as they address broadband needs. Chair Price reviewed the recommended appointees from the County Manager's office, school systems, NC Department of Information Technology and Durham Technical Community College. Commissioner Fowler nominated Commissioner McKee. Commissioner Dorosin nominated Commissioner Greene. A motion was made by Commissioner Fowler, seconded by Commissioner Bedford to appoint Commissioner McKee and Commissioner Greene to the broadband task force. 32 Roll call ensued. VOTE: UNANIMOUS Chair Price proposed a process of nominating resident applicants, where each nomination must receive four votes by a show of hands to be added to a slate, from which to vote. Commissioner Dorosin requested a discussion of the goals for this committee, and what variables the Board may want to consider in its appointees. Chair Price said those thoughts can be included during the nomination process, unless a broader discussion is needed. Commissioner Hamilton thanked everyone who applied, and noted the high number of qualified people willing to volunteer. She said it is hard when there are so many applicants but so few spots. She said she hoped there would be ways for those who are not chosen to provide input to the task force. Commissioner McKee echoed appreciation for the applicants, but said there a lack of racial diversity in the applications. Chair Price confirmed the process for making nominations: as the Board makes nominations, it will vote on each nominee using a show of hands, and nominees with 4 or more votes will move on to the next round of voting. Commissioner Dorosin nominated Paul Cardillo, and discussed his current efforts to improve service in his community. 6 Commissioners voted yes. Commissioner McKee nominated Peter Hallenbeck, and discussed his efforts in using technology to improve public safety responses. 5 Commissioners voted yes. Commissioner Greene nominated Daniel Allison, noting his experience in IT services. 5 Commissioners voted yes. Commissioner Bedford nominated Terri Buckner from the Carrboro ETJ, noting that she is a woman. 4 Commissioners voted yes. Commissioner Fowler nominated Shannon Nichols, noting that she is female and from Hillsborough and had a telecommunications and urban planning background. 4 Commissioners voted yes. Chair Price nominated Pavani Peri, as she is Asian American and young. 3 Commissioners voted yes. Commissioner Dorosin asked for a discussion as to why Pavani Peri was not supported, given the diversity she would bring to the task force. Commissioner Fowler said her list was weighted towards people who are not in Chapel Hill, since Internet service is less of an issue in the southern part of the County. Chair Price said the list will still have to be whittled down in a future round. Chair Price reviewed the current list of those with four or more votes. Commissioner Bedford nominated Todd Broucksou, because of his experience with MCNC. Commissioner Greene also echoed support for Todd Broucksou, and said MCNC can be very helpful in this process. 4 Commissioners supported him. Commissioner Fowler nominated Patricia Hull from Hurdle Mills, a data analyst with experience in urban planning. 4 Commissioners voted yes. Chair Price expressed concern that there are two Asian Americans who applied to the task force, but neither has been nominated. Commissioner McKee said he is focusing on experience. 33 Commissioner Dorosin agreed with Chair Price, and is concerned that the current list of nominees are all white. He said the Board has talked for weeks about its commitment to racial diversity, and this is an opportunity to act. He said criteria for nominations should be balanced. He said that focusing on experience can lead to disproportionate impact, and those kinds of subjective criteria leave people out. Commissioner Dorosin nominated Vasu Kilaru. Commissioner McKee said he would support Kilaru. He said he had concerns about Pavani Peri's lack of experience. Commissioner Dorosin said having more young people on boards and commissions is an issue the Board has talked about. 7 Commissioners voted yes for Kilaru. Chair Price discussed Pavani Peri's qualifications and the Board re-voted on her nomination; 4 commissioners voted yes. Commissioner Greene agreed on the issues of diversity, and said it is important to insure representation from those who do not have broadband service so they can bring the perspective to the task force. She said Hull and Kilaru both represent areas that do not have broadband service. Chair Price reviewed the 9 nominations: Daniel Allison, Todd Broucksou, Terry Buckner, Paul Cardillo, Pete Hallenbeck, Patricia Hull, Vasu Kilaru, Shannon Nichols, Pavani Peri. Commissioner Dorosin requested clarification on the voting process. Chair Price said each Commissioner can vote 5 times, and whichever five nominees get the most votes by a show of hands get added to the motion to be approved for the task force. Chair Price asked if she could have a roll call vote at the end on the final five applicants. John Roberts said yes. Allison: 3 votes Broucksou: 5 votes Buckner: 3 votes Cardillo: 7 votes Hallenbeck: 2 votes Hull: 5 votes Kilaru: 7 votes Nichols: 1 vote Peri: 3 votes Top vote getters of round 1: Kilaru, Cardillo, Hull, Broucksou Allison: 1 vote Buckner: 3 votes Peri: 3 votes Tie for round 2: Peri and Buckner Commissioner McKee discussed the benefits of Ms. Buckner's experience. Commissioner Dorosin reiterated the Board's stated commitment to diversity and inclusion, and said Ms. Peri would bring that to the task force. Buckner: 4 votes Peri: 3 votes 34 A motion was made by Commissioner Bedford, seconded by Commissioner McKee to add Vasu Kilaru, Paul Cardillo, Patricia Hull, Todd Broucksou, and Terri Buckner to task force. Roll call ensued VOTE: Ayes, 6 (Commissioner Bedford, Commissioner Fowler, Commissioner Greene, Commissioner Hamilton, Commissioner McKee, Chair Price); Nays, 1 (Commissioner Dorosin) MOTION PASSES Commissioner McKee expressed concerned about creating an ex officio member from a broadband provider, as suggested by Katie Loovis. He said he does not believe that any one provider should hold a seat because they could potentially have a compromised position if they have an interest in submitting a proposal. Commissioner Greene agreed with Commissioner McKee and said she spoke with Lee Worsley at Triangle J Council of Governments, and Triangle J will provide resources for the task force should it be necessary. Commissioner McKee supported the suggestion of Triangle J Council of Governments providing support. Commissioner Fowler clarified that the meetings will be open, should a broadband provider want to attend. Commissioner McKee said all providers should be invited to provide information. Chair Price noted the time, and asked if the board wanted to continue with the meeting. The board agreed by consensus to proceed. d. Appointments to the BOCC Elections Advisory Group The Board considered: 1) making fifteen appointments to the BOCC Elections Advisory Group; 2) directing the Group to select Co-Chairs, with one individual from the District 1 area of the County and one individual from the District 2 area of the County; and 3) providing any further direction on the charge to the Group as it relates to desired outcomes from the Group's work BACKGROUND: At the Board of Commissioners' April 7, 2020 Virtual Business meeting, a petition was presented that the Board discuss and potentially change a portion of the process under which some or all Board members are elected. The Board subsequently discussed the issue at its May 5, 2020 Virtual Business meeting and voted to: 1) Establish a committee to study alternative methods of election; 2) Select members for the committee no later than January 31, 2021; 3) Have the committee review options and report back by July 31, 2021; and 4) For the Board to review the recommendations, and if necessary conduct public hearings and make a decision in time for the March 2022 primary election. 35 The Board subsequently discussed the proposal further at its September 10, 2020 work session. Staff requested direction from the Board on: • the total number of members the committee should include; • whether the committee should consist entirely of residents; • whether election or other experts would be considered/appointed; • whether there should be representation from nonprofit entities; • whether there would be a formal application process; and • any other details regarding the establishment of the committee. Based on direction given at that meeting, the Clerk's Office began soliciting membership applications from Orange County residents for fifteen (15) seats for the BOCC Elections Advisory Group, with appointments to be made by January 31, 2021. The Group materials noted that the purpose is to "study alternative methods/districts to elect the Board of County Commissioners (BOCC) and make a recommendation to the Board of County Commissioners." Staff advertised the application opportunity on the County website and also published two Public Service Announcements regarding the Group. The opportunity for service was also shared on WCHL radio station. An announcement also occurred at the Board's October 20, 2020 Business meeting that the County was recruiting for potential appointees to the BOCC Elections Advisory Group and that applications were available on the County Website under Board of Commissioners - Volunteer Advisory Boards & Commissions. The County has received applications from twenty-three (23) interested individuals. The applications for these individuals are attached. A vacant membership roster is also provided for reference. As part of the process establishing the Group and appointing members, a question was raised regarding a Group Chair. It has been suggested that the Board direct the Group to select Co- Chairs, with one individual from the District 1 area of the County and one individual from the District 2 area of the County. Staff requests that the Board address this topic and provide direction. Also as part of establishing the Group, another question has been raised regarding the desired outcomes from the Group. It is requested that the Board provide any further guidance regarding the framework for feedback the Group may provide. Chair Price encouraged the Board to look for as much diversity as possible when nominating applicants to the advisory group. John Roberts said there are still open issues about what the group will do, but he will address those after the members are approved. Chair Price asked if anyone would like to explain the background of the group and why it was conceived. Commissioner Dorosin said he drafted a charge for the advisory group, which he read in the meeting and shared on the screen: To review, research, and evaluate the current method of electing commissioners, as well as any alternative electoral methods or models, including not limited to single member districts, aligning primary and general election methods, multi-seat elections, and the number of commissioners. The Advisory Group shall assess all options and alternatives pursuant to the following criteria: 36 • Constitutional and statutory requirements and voting rights law; • Proportionality • Equity • Uniformity • Simplicity/clarity • Maximizing voter engagement The Advisory Group's assessment should incorporate, to the extent possible, anticipated population distribution changes based on the 2020 census. The Advisory Group may consider options that require enabling legislation; however, it must present to the BOCC options that do not require such authorization. Commissioner McKee asked if there are any issues with the portion of the charge relating to the number of commissioners, and if that is an issue that would have to go to the legislature. He said he does not want to go to the legislature. John Roberts said there are only four options that would be allowed, without going to the legislature. He said the current practice is one of those 4 options, leaving 3 others remaining. He said he would have to research whether changing the number of Commissioners would require legislative action. Commissioner Fowler referred to the first paragraph, and said it does not include all possible choices. She said she would prefer to list all choices, or list none, and wants to avoid bias. Commissioner Greene said it is clear this is not an inclusive list, and leads with a set of suggested possibilities. She said the charge leaves room for the committee to come up with broad ideals, but within those ideals there should be things the County can accomplish without going to the legislature. Commissioner Dorosin said his intention was to list the things the advisory group could consider without the County going to the legislature for the authority. He said the number of Commissioners was changed last time there was an elections advisory group, so he kept it in the charge for the new group. Commissioner Bedford said she liked the charge, and asked if the advisory group would share recommendations with pros and cons of each. Commissioner Hamilton said she would prefer the group not to give a recommendation, but rather just present options with pros and cons. She said she wants to avoid any bias. Commissioner McKee reiterated his desire to avoid recommendations that require going to the legislature. He said it would be unwise to go to the legislature. John Roberts said the Board can consist of any number of Commissioners, but no less than 3, and does not require legislative action. Commissioner Dorosin said the committee should do a broad assessment, and there may be recommendations that requires legislative approval, but the Board could decide to do it or not. He said nothing is off the table at this point, and there is a public education piece to this process. Chair Price agreed that she did not want to see a formal recommendation from the advisory group, but pros and cons. She said if the group has suggestions, she would like to know that, but not a formal recommendation. Commissioner Fowler nominated Nicholas Batman, a student at UNC. 5 Commissioners voted yes. Commissioner McKee nominated Brian Crawford. 7 commissioners voted yes Commissioner Greene nominated Jonathan Weiler. 6 commissioners voted yes. Chair Price nominated Alicia Reid. 6 commissioners voted yes. Commissioner McKee nominated Kathy Arab. 7 commissioners voted yes. 37 Commissioner Hamilton nominated Jennifer Bremer with the League of Women Voters, 4 commissioners voted yes. Commissioner Greene said she did not vote for Jennifer Bremer because there is another applicant from the League that she was looking at. Commissioner Dorosin nominated Josh Mayo, due to background and activity in community. 2 commissioners voted yes. Commissioner Bedford nominated Lisa Hazirjian. 7 commissioners voted yes Commissioner Dorosin nominated Penny Rich, due to her experience. 2 commissioners voted yes. Commissioner McKee nominated Patrick Mulkey. 5 commissioners voted yes. Commissioner Greene nominated Jaazaniah Catterall. 7 commissioners voted yes. Commissioner Bedford nominated Krishna Mondal. 5 commissioners voted yes. Commissioner Bedford nominated Rex Williams. 7 commissioners voted yes. Chair Price nominated Martha Jenkins. 5 commissioners voted yes. Commissioner Dorosin nominated Jenn Sykes. 6 commissioners voted yes. Chair Price nominated Susana Dancy. 4 commissioners voted yes. Commissioner Fowler nominated Thomas Rhodes. 3 commissioners voted yes. Chair Price nominated Nathan Boucher. 4 commissioners voted yes. Chair Price said Kathy Arab, Nicholas Batman, Nathan Boucher, Jennifer Bremer, Jaazaniah Catterall, Brian Crawford, Susana Dancy, Lisa Hazirjian, Martha Jenkins, Krishna Mondal, Patrick Mulkey, Alicia Reid, Jenn Sykes, Jonathan Weiler, and Rex Williams were the final fifteen nominations to the elections advisory group, Commissioner Hamilton said it did not appear that Nathan Boucher actually applied for the advisory group, based on the application in the agenda packet. Thom Freeman, Assistant Deputy Clerk I, double-checked the applications database. He said Nathan Boucher did submit an application, but it did not download correctly. He read Nathan Boucher's answers to the application: BOCC Elections Advisory Group Background, education and experience relevant to this board: I have no prior background advising on election or voting strategies. I have extensive experience leading and participating on advisory boards and with stakeholder engagement. Reasons for wanting to serve on this board: The current elections have made it clear that ALL need an equal opportunity to exercise their voting rights. I have no agenda; I want everyone to vote and I don t ask for whom. Contribution to the diversity of viewpoints on this board: I work in aging and disability areas and am concerned with access to voting and representation of those who often live in the shadows of our community. I have extensive experience with managing stakeholder engagement and convening diverse communities. Commissioner Fowler confirmed her support for Boucher. A motion was made by Commissioner McKee, seconded by Commissioner Bedford to approve the fifteen nominees to the elections advisory group Roll call ensued VOTE: Ayes, 6 (Commissioner Bedford, Commissioner Fowler, Commissioner Greene, Commissioner Hamilton, Commissioner McKee, Chair Price); Nays, 1 (Commissioner Dorosin) 38 MOTION PASSES Commissioner Bedford asked if there will be a facilitator for this group. Greg Wilder asked if the Commissioners would review the recommendations items 2 and 3: approving a charge, selecting co-chairs for the advisory group, and the possibility of selecting a facilitator. A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to approve the charge. Chair Price asked if the motion could include directing the group to select the co-chairs from districts 1 and 2. Commissioner Dorosin agreed to amend his motion, and Commissioner McKee seconded. Roll call ensued VOTE: UNANIMOUS Chair Price asked if it was the pleasure of the Board to have an outside facilitator for the advisory group. Commissioner McKee supported directing the group to select a facilitator, based on previous positive experience in other groups led by a facilitator. Commissioner Dorosin disagreed. He said the group should meet and ask for facilitation, if necessary. He said he is not inclined to support paying a facilitator. Commissioner Bedford said there may be a volunteer facilitator that is interested. Bonnie Hammersley said the person staff had been speaking with would not be a volunteer. Chair Price agreed with Commissioner Dorosin, and suggested that the group bring in the Elections Director Rachel Raper to assist. 7. Reports NONE 8. Consent Agenda • Removal of Any Items from Consent Agenda • Approval of Remaining Consent Agenda • Discussion and Approval of the Items Removed from the Consent Agenda Commissioner Greene noted that with item 8-e, the County will be adding over 1,000 acres to the voluntary agricultural district, and she thanked those who have been involved with the process. A motion was made by Commissioner Greene, seconded by Commissioner McKee to approve the consent agenda. Roll call ensued. 39 VOTE: UNANMIOUS a. Minutes The Board approved the minutes for the December 7 and December 15, 2020 Board of County Commissioners Virtual Business Meetings as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board considered adoption of a resolution, which is incorporated by reference, to release motor vehicle property tax values for two taxpayers with a total of two bills that will result in a reduction of revenue. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for four taxpayers with a total of ten bills that will result in a reduction of revenue. d. Applications for Property Tax Exemption/Exclusion The Board approved four untimely applications for exemption/exclusion from ad valorem taxation for four bills for the 2020 tax year. e. Voluntary Agricultural District Designation — Multiple Farms The Board approved applications from ten landowners/farms to certify qualifying farmland within the Caldwell, Cane Creek/Buckhorn, Cedar Grove, and Schley/Eno Voluntary Agricultural Districts; and enroll the lands in the Orange County Farmland Preservation Program's Voluntary Agricultural District program. f. Fiscal Year 2020-21 Budget Amendment#7 The Board approved budget and grant project ordinance amendments for fiscal year 2020-21 for the Department of Social Services; Criminal Justice Resource Department; Housing and Community Development; and the Health Department. g. Approval of Land Transfer from Chatham County to Orange County The Board approved a resolution regarding the transfer of 4.6 acres of land from Chatham County to Orange County. h. Public Comment Submission to the NC Utilities Commission on Duke Energy's 2020 Integrated Resource Plan The Board authorized the Chair to sign a letter created in collaboration with several other NC local governments with recommendations for Duke Energy's 2020 Integrated Resource Plan, and directing staff to join with other local governments in submitting a single copy of the letter signed by all interested local governments to the NC Utilities Commission during the period for initial public comments. 9. County Manager's Report Bonnie Hammersley said the BOCC will have a work session on February 9, including advisory board appointments, which will be first to allow for plenty of time for discussion. She said John Roberts will present information on the discharge of firearms, and the Sheriff will be available for discussion on housing federal inmates in the county jail and for written consent for vehicle searches. 10. County Attorney's Report John Roberts reminded the Board that the legislature is back in session, and he will update the Commissioners weekly on items. Chair Price briefly reflected back to item 8-a consent agenda, as there were changes sent by email to the minutes for December 7 and December 15, 2020. The changes were: reorganize the proclamations for former Chair Penny Rich and former Commissioner Mark Marcopolos on pages 2 and 3 of the December 7t" minutes; correct the name of OWASA board representative Ray DuBose on page 7, lines 27 and 42 of the December 7t" minutes; note that 40 Janine Zanin is a resident of Efland, not Mebane, on page 3, line 2 of the December 1511 minutes; and change the word "ward" to "award" on page 4, line 4 of the December 15tn minutes. The Board did not have any questions or discussion on these adjustments. 11. *Appointments NONE 12. Information Items • December 15, 2020 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Tax Collector's Report— Measure of Enforced Collections • Tax Assessor's Report— Releases/Refunds under $100 13. Closed Session NONE A motion was made by Commissioner McKee, seconded by Commissioner Fowler to adjourn the meeting at 11:02 p.m. Roll call ensued VOTE: UNANMIOUS Renee Price, Chair Laura Jensen Clerk to the Board Submitted for approval by Laura Jensen, Clerk to the Board.